Jeremy L. Clark v. Pharmasset, Inc. et al.

N.D. Ala. 2014

Fitzpatrick Successfully Confirms Arbitration Award for Client Gilead

On April 9, 2014, the U.S. District Court for the Northern District of Alabama confirmed an arbitration award in favor of Fitzpatrick clients Gilead Sciences, Inc. and Gilead Pharmasset LLC (collectively “Gilead”) against a former employee seeking to void the assignment provision in his employment agreement and to assert ownership over Gilead patents for which he is a named inventor. The former employee had brought suit against Pharmasset, Inc., Gilead Pharmasset LLC’s predecessor-in-interest, in 2008. That case was stayed pending arbitration.

After successfully prevailing on all issues in the arbitration, Gilead filed a joint motion with their co-defendant in the U.S. District Court for the Northern District of Alabama seeking to have the Court confirm the arbitration award as a judgment of the Court. The former employee subsequently filed a motion seeking to vacate that arbitration decision. Judge Smith confirmed the arbitration award and denied the former employee’s motion to vacate.

Gilead’s litigation team was led by Fitzpatrick partner Peter Shapiro, and associates Erica Norey, Christina Schwarz and John Dillon.